Abortion law trial: Day Two

AP Photo / Eric Gay— A new Texas law requiring abortion doctors to have local hospital admitting privileges will force clinics across the state that perform the procedure to close, a Planned Parenthood witness testified Tuesday in federal court.

AUSTIN — A new Texas law requiring abortion doctors to have local hospital admitting privileges will force clinics across the state that perform the procedure to close, a Planned Parenthood witness testified Tuesday in federal court.

State lawyers defending Texas’ controversial abortion law in a two-day trial used a chunk of the morning to continue quizzing Joseph Potter, a University of Texas demographer who led a study that concluded some 22,000 Texas women annually will lose access to the procedure if the law is enacted next week.

Leading into Tuesday morning, Potter spent much of Monday afternoon on the hot seat, as Attorney General Greg Abbott’s legal team tried to pry into details about the study’s conclusions.

During cross examination on Monday, Potter refused to say which two Bexar County clinics his study pegged for closure once the admitting privilege standard kicks on Oct. 29.

“I didn’t bring a list of clinic names here,” Potter responded as Deputy Attorney General John Scott pressed him on the issue. “The estimate is based on key informants that two clinics are going to close.”

On Tuesday, pressed again by Scott, Potter refused to release the names of the donors who funded the study.

U.S. District JudgeLee Yeakel eventually stepped in, quashing the question of identifying the donors. But Yeakel made clear that providing the names of the clinics will make a difference.

“I find his testimony not as persuasive if we’re talking generally about ‘well we think there will be two clinics out there,” Yeakel said referencing Potter’s testimony.

“I can tell you the court would find it helpful if there have been specified identified institutions or facilities that would close if the act took effect as opposed to a general statement.”

With that message from Yeakel, lawyers representing the advocacy groups suing to block the new abortion laws agreed to hand over data that abortion clinics provided for the study and Potter’s notes.

Aside from Potter, the advocacy groups Tuesday morning also called to the stand Andrea Ferrigno, the corporate vice president for Whole Womans Health, which provides abortions in Beaumont, McAllen, San Antonio and Fort Worth.

Testimony will resume at 1:30 and will last through the day. Yeakel is expected to issue a ruling by Monday.